The Board remanded the Veteran's claim for compensation under 38 U.S.C. § 1151 for an additional disability (left eye vision loss and related conditions) allegedly caused by a July 2020 VA surgical procedure. The remand was necessary to obtain missing informed consent documentation from VA's Vista Imaging system and to obtain a more thorough medical opinion addressing whether the claimed disability resulted from VA fault or an unforeseeable event.
The deciding factor: The Board found pre-decisional duty to assist errors: the VA failed to obtain and associate the complete informed consent documentation from the July 2020 surgery with the claims file, and the medical opinions obtained were conclusory and failed to adequately address the specific elements required under 38 U.S.C. § 1151, including whether an additional disability existed, what that disability was, whether it was caused by the VA treatment, and whether it resulted from VA fault or an unforeseeable event.
- Claimed conditions
- left eye 25-27 gauge pars plana vitrectomy (PPV), membrane dissection for macular retinal detachment, proliferative diabetic retinopathy, loss of vision in the left eye
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2025
- Citation
- A25024503
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for all claimed conditions, including hypertension, hypothyroidism, loss of vision in the left eye, prostate cancer, and metastatic bone cancer. The decision was based on a lack of evidence linking these conditions to military service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to new and material evidence having been submitted in some cases, and additional VA treatment records have been added to his file. The Veteran will be provided a supplemental statement of the case if their benefits are not granted.
- Denied
The veteran's claims for service connection for chronic lymphocytic leukemia and compensation under 38 U.S.C.A. § 1151 for loss of vision in the left eye were denied as there was no evidence that his conditions were related to his military service or due to VA medical treatment.
- Remanded (sent back)
The appeal is remanded for additional development before further consideration by the Board.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.